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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA,

Plaintiff,
v.
DZHOKHAR A. TSARNAEV, also
known as Jahar Tsarni,
Defendant.

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Criminal Action
No. 13-10200-GAO

BEFORE THE HONORABLE GEORGE A. O'TOOLE, JR.

UNITED STATES DISTRICT JUDGE

JURY TRIAL - DAY FORTY-FIVE

EXCERPT - JUROR QUESTIONS

John J. Moakley United States Courthouse

Courtroom No. 9
One Courthouse Way
Boston, Massachusetts 02210
Wednesday, April 8, 2015
9:21 a.m.

Marcia G. Patrisso, RMR, CRR

Official Court Reporter
John J. Moakley U.S. Courthouse
One Courthouse Way, Room 3510
Boston, Massachusetts 02210
(617) 737-8728
Mechanical Steno - Computer-Aided Transcript

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APPEARANCES:
OFFICE OF THE UNITED STATES ATTORNEY
By: William D. Weinreb, Aloke Chakravarty and
Nadine Pellegrini, Assistant U.S. Attorneys
John Joseph Moakley Federal Courthouse
Suite 9200
Boston, Massachusetts 02210
- and UNITED STATES DEPARTMENT OF JUSTICE
By: Steven D. Mellin, Assistant U.S. Attorney
Capital Case Section
1331 F Street, N.W.
Washington, D.C. 20530
On Behalf of the Government
FEDERAL PUBLIC DEFENDER OFFICE
By: Miriam Conrad, Federal Public Defender
51 Sleeper Street
Fifth Floor
Boston, Massachusetts 02210
- and CLARKE & RICE, APC
By: Judy Clarke, Esq.
1010 Second Avenue
Suite 1800
San Diego, California 92101
- and LAW OFFICE OF DAVID I. BRUCK
By: David I. Bruck, Esq.
220 Sydney Lewis Hall
Lexington, Virginia 24450
On Behalf of the Defendant

00:08

THE CLERK:

(The Court and jury enter the courtroom at 9:21 a.m.)

THE CLERK:

Be seated.

THE COURT:

Good morning, jurors.

THE JURORS:

THE COURT:

All rise for the Court and the jury.

Good morning, your Honor.

The record will reflect that all

deliberating jurors have returned as well as all the alternate

jurors.

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I ask you again whether you can tell me whether you

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have abided by my instructions to avoid any discussion of the

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case outside of the confines of the jury room, for the

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deliberating jury.

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THE DELIBERATING JURORS:

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THE COURT:

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00:09

P R O C E E D I N G S

Yes, sir.

And avoided any news reports or other

media reports of the case?

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THE DELIBERATING JURORS:

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THE COURT:

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Now, just before we broke yesterday the jury had sent

Yes?

Yes.

All right.

Thank you.

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in two questions, and I will now proceed to answer those

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questions for you.

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The first question has really two parts but -- and I

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I'll separate them in giving the answers so that it is clear.

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The first part of the question is, "Can a conspiracy pertain to

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a sequence of events over multiple days or a distinct event?"

00:10

agreement between two or more people to commit an unlawful act

or acts.

the conspirators agreed to do jointly -- is a question of fact

for you to determine from your consideration of all the

evidence that you find may bear on that question.

the duration of a conspiracy, how long it was to continue, is

also a question of fact for you to determine from all the

pertinent evidence.

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What the scope of the conspiracy was -- that is, what

Similarly,

A conspiracy may be limited in scope or duration

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because that is what the conspirators agreed.

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may be unlimited in scope or duration because that is what the

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conspirators agreed.

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00:10

As you've been instructed, a criminal conspiracy is an

Similarly, it

For example, to return to our hypothetical crime of

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selling apparel without providing a certificate of origin, two

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or more persons might conspire to commit that offense.

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might agree to unlawfully sell a truckload of apparel that was

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at hand and then be done with it, or they might agree to sell

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as many truckloads as they could get their hands on for an

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indefinite period of time into the future if that's what they

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agreed on.

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They

So the scope and duration of the conspiracy is to be

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determined from your assessment of the evidence in the case as

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it pertains to the conspiracies.

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Now, as you pointed out in your question there are

three conspiracy counts:

different conspiracy.

based on your evaluation of the evidence could be the same in

terms of duration and scope or they could be different.

should give separate consideration to each of them.

00:11

They each allege a

It's possible that your conclusions

You

I call your attention to the fact that in each of

Counts 1, 6 and 11 the indictment alleges that the conspiracy

existed from at least in or about February 2013 up to and

including on or about April 19th, 2013.

So that is what the

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allegation of the indictment is.

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course.

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factually true on the evidence or not.

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your attention that is what is alleged in the indictment.

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You're not bound by that, of

The question is for you to evaluate whether that is

But I just bring to

You go on in the question to ask about Counts 1, 6 and

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11.

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to find an answer to Subparts A, B, C and D -- "but we only

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have to be unanimous for one.

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00:12

1, 6 and 11.

You ask, "On Counts 1, 6 and 11" -- those counts ask you

Do we have to consider all?"

The first question that each of -- on the verdict form

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for each of Counts 1, 6 and 11 is whether you find the

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defendant guilty or not guilty of that charge.

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is guilty, then you are to proceed to answer all the subparts

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of the questions that follow.

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"yes," you must unanimously agree beyond a reasonable doubt on

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that answer.

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unanimously agree.

If the answer

To answer any of those questions

To answer any of those questions "no," you must

And if your answer to the first question is

"not guilty," then you proceed to the next count and do not

answer the subsidiary questions.

answer to the first question is "guilty."

00:13

The second question you have:

"What is the difference

between aiding and abetting?

between the two?

it doesn't seem like there is evidence of both aiding and

abetting, but rather only aiding or abetting.

said that aiding and abetting took place?"

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Is there a differentiation

If there is phrasing of aiding and abetting,

How can it be

"Aiding and abetting" is a single concept.

It is

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sometimes said as "aiding and abetting" or it is sometimes said

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as "aiding or abetting," but either formulation means exactly

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the same thing.

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someone else commit a criminal offense.

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abets the commission of a criminal offense by another person is

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criminally responsible for the commission of that offense.

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00:14

You answer only if your

To aid and abet means to intentionally help

A person who aids and

To prove -- as I instructed you, and as you have with

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you in the jury room, to prove guilt by aiding and abetting,

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the government must prove beyond a reasonable doubt, first,

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that someone other than the defendant committed the crime

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charged; and, second, that the defendant consciously shared the

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other person's knowledge of the underlying criminal act,

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intended to help him commit the crime, and willfully took part

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in the criminal endeavor in some way seeking to help it

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succeed.

And again, of course, an act is done willfully if it

is done voluntarily and intentionally.

So those are my answers to the questions you put.

ask you now to resume your deliberations.

return to you the sealed envelope with the verdict slip in it

as well as your notebooks and other materials, all right?

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00:16

We

MS. CONRAD:

The clerk will

Your Honor, may we be heard briefly at

sidebar?

THE COURT:

MS. CONRAD:

Yes.
Thank you.

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(Sidebar discussion redacted.)

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THE COURT:

All right.

THE CLERK:

All rise for the Court and the jury.

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I'll ask the jurors to

withdraw.
The

Court will be in recess.

(The Court and jury exit the courtroom and there is a
recess in the proceedings at 9:29 a.m.)

C E R T I F I C A T E

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I, Marcia G. Patrisso, RMR, CRR, Official Reporter of

the United States District Court, do hereby certify that the

foregoing transcript constitutes, to the best of my skill and

ability, a true and accurate transcription of my stenotype

notes taken in the matter of Criminal Action No. 13-10200-GAO,

United States of America v. Dzhokhar A. Tsarnaev.

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/s/ Marcia G. Patrisso

MARCIA G. PATRISSO, RMR, CRR
Official Court Reporter
Date: 4/8/15